Jaquith

E. C.Jaquith was originally the petitioner in this proceeding. After the present appeal was prosecuted he departed this life and Elmer M. Jaquith, executor of the last will and testament of E. C. Jaquith, deceased, was substituted in his place as appellant and petitioner.

This is a proceeding for the writ of prohibition. Petitioner appeals from an order or judgment of the trial court refusing to issue a peremptory writ.

Upon the filing of the petition the trial court issued its alternative writ of prohibition and the writ was served upon the respondents. After some sort of hearing, the nature of which is not clearly confided to us, the court made its order refusing to issue the peremptory writ. The record comes to us by bill of exceptions. The bill recites: “No answer or pleading of any kind was filed by the defendants, or either of them, in said matter above entitled.” Following a copy of the petition for the writ and copies of other papers which were served with it, the bill of exceptions next contains the recital that it appearing that the defendants had been duly and regularly served with the writ and other necessary papers, “the matters mentioned in said Petition were…